Terms & Condition

When you read words that refer to the names of our website, “us”, “our” or “we”, it means Recovery After Stroke Pty Ltd ABN 33 640 687 261, PO Box 1551, Preston South Vic 3072, Australia.

When you read the words “you”, “user” or “your” it means you, a potential or subscribed member or customer of ours who has been granted access to our members (paid) area on our website.

Our website means https://recoveryafterstroke.com.

Where it is used in these terms and conditions, the term ‘membership services’ means our coaching program delivered via our website.

When you use our website or our membership services, you are agreeing to be automatically bound by these terms and conditions as well as our disclaimer and privacy policy.

We encourage you to carefully read and understand these terms and conditions before using our website or subscribing to our membership services. If you don’t agree, your remedy is to stop using our website or membership services.

Updates

We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated by notice on our website.

Feedback, comments or complaints

If you have any questions, please contact us via [email protected] and we will usually respond to all enquiries within five business days. We welcome the opportunity to talk with you and address any concerns.

No unlawful or prohibited use

As a condition of your use of our website or membership services, you warrant that you will not use our website or membership services:

• for any purpose that is unlawful or prohibited by these terms and conditions.
• in a manner that could damage, disable, overburden, or impair our website or membership services or cause harm to our business.
• in a manner that could interfere with any other party’s use and enjoyment of our website or membership services or in a manner that is disrespectful to others.

You expressly agree not to:

• hack into areas of our membership services that are not intentionally made available to you.
• add malicious code to our membership services which may affect us or visitors to our website membership services.
• use the website or membership services as a lead generation tool for the benefit of your own business, or to manufacture lists or contacts to help your own business.
• engage in any internal or external spamming, or other similar actions.
• engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions.
• decompile, reverse engineer, or try to copy or imitate our website or membership services or underlying content.

Creating your account

You must create an account to purchase a product or become a subscriber to our membership services. You must be over 18 years old to create an account and use our services.

When creating an account, you agree:

• to abide by our social media rules of engagement (these can be found at the end of these terms)
• to provide true and correct details when you set up your account
• to keep your username and password secure and confidential and not to share your access with anyone else
• to accept electronic communications from us (you may unsubscribe from these at any time)
• to keep your contact details up to date
• not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, including other members and our staff
• to make any payments due associated with your account when they are due
• to contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach

We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.

You may use your account on more than one device however we use IP address tracking software that tracks the IP address of every device that accesses our paid content and the email address associated with all active accounts. If we suspect you have shared your log-in details and, as a result of our investigation, we reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to close your account with no refund of membership payments, and prohibit you from opening a new account.

What is included in our coaching program?

When you subscribe to our coaching program you will receive:

• reasonable access to private, one-on-one, digital format, coaching with Bill Gasiamis via a private forum thread inside the coaching area.
• instant access to online materials available within the coaching area including training videos, expert interviews, PDF documents and audio files. Access to the site is available 24 hours a day, 7 days a week (there will occasionally be down time for maintenance or for technical reasons beyond our control). You will be able to complete the training at your own pace and without needing to leave home. You will need a suitable internet connection.
• access to ‘member only’, monthly group live online training calls on topics related to healing the brain and strategies to help you manage your deficits.
• access to a our community of subscribers, a community that understands you and can relate to what you are experiencing.

Purchasing our coaching program

We use third party payment platforms Paypal and ThriveCart as our payment platforms. We do not directly receive or store your credit card or other financial information. Unless otherwise stated, amounts shown on our website are in USD. When you purchase an annual subscription, you authorise an automatic annual renewal.

You can purchase access to our online coaching program from our website. Subscribing as a member to a program gives you access to the program content only while you are a subscriber. Once your subscription ends, you will no longer have access to the content.

We will send you access information by email once you have completed your purchase.

Refunds

We offer a 30 day cancellation period during which you will receive a full refund if you cancel your membership. The 30 days starts from the day you make your initial payment and to receive your money back you must cancel in writing within the 30 days. For example, if you make your annual payment on 5 June, you may cancel your membership up to and including 4 July to receive a refund. We will not give you a refund if you cancel on 5 July.

Due to the digital nature of our programs, after the 30 day period has expired, we do not offer refunds for membership subscriptions, whether you have chosen to use the services provided or not.

If are cancelling a subscription prior to the annual renewal, please ensure you cancel at least 48 hours prior to the next scheduled payment being drawn otherwise you may be billed for the next period.

You agree to pay any applicable surcharges we incur based on your method of payment, including dishonour fees if applicable (for example if we attempt to draw payment and a dishonour fee is charged to us).

Interest will be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (compounding monthly).

You agree to pay any costs and disbursements incurred by us in pursuing any outstanding debt (including legal costs on a solicitor and own client basis and collection agency costs).

Disclaimer and limitation of liability

We make no warranties or representations about the suitability, reliability, availability, timeliness or accuracy of anything contained in our membership services or content on our website for any purpose. To the maximum extent permitted by applicable law, anything contained in our membership services or on our website is provided "as is" without warranty or condition of any kind. You use our website, use of our services and your application of any information we provide are completely at your own risk and we are not responsible for any direct or indirect loss, damage or issues you may suffer by using our website, services or any information contained in them or by not being able to access our website or services.

In no circumstances will we be responsible for injury, loss or damage to you or any third party.

Where warranties are implied by law, our liability will be limited in respect of any claim to, at our option, supplying the services again, or promptly remedying the fault in the service.

You agree that our total aggregate liability for all claims relating to your use of our membership services and/or website is limited to the amount actually received by us from you in the 3 months immediately prior to the date of the claim(s), even if that amount was zero.

This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our membership services.

Your use of our services is also subject to our full medical disclaimer [insert link].

Social media content

Content in our closed Facebook group or any other social media platforms, public comment areas or forums may be contributed by third parties. The person contributing that content is responsible for what they have provided. If you have any concerns about that content, you should contact the author directly. Views and opinions of third parties are not necessarily shared by us. We may at our discretion moderate these areas, however we are not obliged to do so.

You must abide by our social media rules of engagement (there is a copy at the end of these terms).

Intellectual property

We own, or have permission to use, the intellectual property rights in the content of the website and our services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website, program or services content in whole or in part except as expressly authorised by us. You may not use our logos or trademarks without permission. Please contact [email protected] if you require permission to reproduce any of the contents of our website or other materials.

Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on our website or elsewhere are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Permission: You may access, download, or print material from the website, program or services for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell, package or otherwise share our services or copyright material without our express written permission.  You agree not to change or delete any copyright or proprietary notice from materials downloaded from our website or any materials.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use our website, program or services content or our intellectual property.

Your content

You warrant that you hold the necessary rights and interests to use any material you add to our website, members area or social media pages (your content) and that no part of your content infringes any third party intellectual property rights, including copyright and trade mark rights.

By submitting your content to our website, members area or social media platforms, you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future. We will not use your content for any other purpose. You indemnify us against any claims made for breach of intellectual property rights in respect of your content.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

• your unauthorised use of our membership services, or products or services included or advertised on our membership services; or
• your breach of these terms and conditions.

Termination of membership subscription

You may end your subscription at any time by sending us an email to [email protected]. If you are within the 30 day money back period, we will terminate your access to our services immediate and arrange a refund for you within 7 business days. If you are outside of the 30 day money back period, there will be no refund owing to you and you will continue to have access to our services until the end of the period you have paid for. We will not attempt to charge you a further annual fee.

We may end your subscription without refund by giving you at least 2 weeks’ notice prior to the end of your current subscription that we intend to end your subscription. You will continue to have access to our services until the end of your current, paid subscription period.

Applicable law

This agreement is governed by the laws of Victoria, Australia. You agree to be subject to the jurisdiction of the courts of Victoria if there was a serious dispute between us without reference to conflict of laws provisions.

You may provide notice to us by email at [email protected]. We may provide notice to you via email or other electronic means.

Use of our membership services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our membership services is unauthorized, it is your responsibility to stop using our membership services.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this agreement or use of our membership services.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in these terms can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our membership services, or with regard to information provided to us, or gathered by us, about your use of our membership services.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms and conditions will continue in effect.

Social media rules of engagement:

Our goal is for people to feel safe and included when using our social media platforms. We have a varied community that includes participants who have experienced challenges, unexpected events and health complications. We ask all users to respect each other’s journey and have tolerance and compassion.

If you use any of our social media platforms, you agree, as a condition of use, to:

• Not to post or distribute any inappropriate, profane, defamatory, infringing, obscene, or indecent content or discuss an unlawful topic.
• Not to post inappropriately negative, rude or attacking comments. Please be kind.
• Keep your posts on topic.
• Respect the privacy of others. Every member of our community has the right to privacy and to feel safe that their questions, answers and shared experiences remain private to the group only. Please do not share information that is not yours to share.

We do not endorse any products or services of third parties that are discussed by members or participants.

We may at our discretion moderate our social media platforms, however we are not obliged to do so.

If you break the rules, we may suspend your involvement in the group or permanently terminate your access.

If we consider the offence to be serious, in addition to the above, we may also contact the authorities and share the posted content and corresponding user personal information with the authorities where we are concerned about the safety of any person or threat to our business.

While we may enforce this policy against a user, we are not obliged to do so.